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width="20">[[Intellectual Property]]</td>
width="20">[[Intellectual Property]]</td>
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width="20">[[Faculty]]</td>
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[[Employee Leave]] | [[Drug Free Campus]] | [[Employment]] | [[Work Schedules]] | [[Employee Separation]] | [[Compensation Administration]] | [[Dress Code]] | [[Background Check]] | [[Recurring/Additional Payment]] | [[Employee Grievance Process]] | [[Reduction-in-Force]] | [[Outside Employment]] | [[Political Activities]] | [[Employee/Dependent Scholarship]] | [[Employee Recognition and Reward]] | [[Performance Evaluation]] | [[Corrective/Disciplinary Action]] | [[Non-Discrimination/Sexual Harassment]] | [[Tobacco-Free Campus]] | [[Nepotism]] | [[Flu Season]] | [[Consensual Relationships]] | [[AIDS, HIV, and Other Bloodborne Pathogens]] | [[Personnel Action Documentation]] | [[Fitness for Duty]]<br /><br />
[[Employee Leave]] | [[Drug Free Campus]] | [[Employment]] | [[Work Schedules]] | [[Employee Separation]] | [[Compensation Administration]] | [[Dress Code]] | [[Background Check]] | [[Recurring/Additional Payment]] | [[Employee Grievance Process]] | [[Reduction-in-Force]] | [[Outside Employment]] | [[Political Activities]] | [[Employee/Dependent Scholarship]] | [[Employee Recognition and Reward]] | [[Performance Evaluation]] | [[Corrective/Disciplinary Action]] | [[Non-Discrimination and Harassment]] | [[Tobacco-Free Campus]] | [[Nepotism]] | [[Influenza]] | [[Consensual Relationships]] | [[AIDS, HIV, and Other Bloodborne Pathogens]] | [[Personnel Action Documentation]] | [[Fitness for Duty]] | [[Sexual Misconduct]] | [[Personnel Files]]<br /><br />
Policy No: '''1020'''<br />
Policy No: '''1020'''<br />
Effective Date: '''11/22/06'''<br />
Effective Date: '''11/22/06'''<br />
Revised Date: '''01/06/11'''<br />
Revised Date: '''10/01/18'''<br />
Reviewed Date: '''12/10/13'''<br /><br />
Reviewed Date: '''10/01/18'''
<br /><br />
<big>'''Employee Grievance Process Policy'''</big>
==Purpose==
==Purpose==
'''1.1''' The University of Nebraska Medical Center (UNMC) is committed to preserving and improving cooperative and effective work relationships among all UNMC employees. It is the intent of the University of Nebraska Medical Center to resolve employee concerns, complaints, and grievances at the lowest level possible and in a manner that allows all perspectives to be heard. The UNMC grievance process provides an opportunity to review certain employment and civil rights matters.
'''1.1''' The University of Nebraska Medical Center (UNMC) is committed to preserving and improving cooperative and effective work relationships among all UNMC employees. It is the intent of the University of Nebraska Medical Center to resolve employee concerns, complaints, and grievances at the lowest level possible and in a manner that allows all perspectives to be heard. The UNMC grievance process provides an opportunity to review certain employment and civil rights matters.
==Scope==
==Scope==
'''2.1''' All regular office-service staff, all regular managerial-professional staff, and such academic-administrative staff and other academic staff for whom access to established academic grievance procedures is not available (any of whom are referred to herein as a "Employee"), are eligible to access the process described in this policy. Employees who have not successfully completed their six (6) month post-hire probationary period are not eligible to access the grievance process. Basis of the Policy<br /><br />
'''2.1''' All regular office-service staff, all regular managerial-professional staff, and such academic-administrative staff and other academic staff for whom access to established academic grievance procedures is not available (any of whom are referred to herein as a "Employee"), are eligible to access the process described in this policy. Employees who have not successfully completed their six (6) month post-hire probationary period are not eligible to access the grievance process.
'''2.2''' UNMC complies with Board of Regents policy (section 3.3.4) in establishing a grievance process for non academic employees. Authorities and Administration<br /><br />
==Basis of the Policy==
'''2.3''' The UNMC Human Resources' Division Director of Employee Relations is responsible for the administration, implementation, and maintenance of the Employee Grievance Process Policy at the campus level in consultation with the Assistant Vice Chancellor for Business and Finance Executive Director of Human Resources and the Vice Chancellor for Business and Finance.
'''3.1''' UNMC complies with Board of Regents policy (section 3.3.4) in establishing a grievance process for non-academic employees.  
==Authorities and Administration==
'''4.1''' The Associate Director of Human Resources - Employee Relations is responsible for the administration, implementation, and maintenance of the Employee Grievance Process Policy at the campus level in consultation with the Assistant Vice Chancellor for Business and Finance Executive Director of Human Resources and the Vice Chancellor for Business and Finance.
==Policy==
==Policy==
===Employment Actions Which May Be Grieved===
===Employment Actions Which May Be Grieved===
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*Termination for Cause;  
*Termination for Cause;  
*Equal Employment Opportunity Issues.
*Equal Employment Opportunity Issues.
''Please Note: Any employee who believes he or she is being discriminated against in full or in part because of his or her race, color, religion, gender, marital status, age, national origin, disability, genetic information, sexual orientation, political affiliation, Vietnam era veteran status, or special disabled veteran status is eligible to utilize the University of Nebraska Medical Center Equal Opportunity Grievance Process and should contact Human Resources - Employee Relations at 402-559-7394 during business hours.''
''Please Note: Any employee who believes he or she is being discriminated against in full or in part because of his or her race, color, ethnicity, national origin, sex, pregnancy, sexual orientation, gender identity, religion, disability, age, genetic information, veteran status, marital status, and/or political affiliation is eligible to utilize the University of Nebraska Medical Center Equal Opportunity Grievance Process and should contact Human Resources - Employee Relations at 402-559-7394 during business hours.''
===Exceptions===
===Exceptions===
*The determination of position classification, salary or wage levels, performance evaluation, reduction-in-force decisions, and terminations of an "employment-at-will" are not subject to grievance under this policy; provided however, that any termination of the "employment-at-will" of an Employee must first be reviewed by the Assistant Vice Chancellor - Executive Director of Human Resources. (Throughout this policy, any responsibility or authority assigned to the Assistant Vice Chancellor - Executive Director of Human Resources in this policy may be delegated to a member of the Human Resources staff or other appropriate designee).  
*The determination of position classification, salary or wage levels, performance evaluation, reduction-in-force decisions, and terminations of an "employment-at-will" are not subject to grievance under this policy; provided, however, that any termination of the "employment-at-will" of an Employee must first be reviewed by the Assistant Vice Chancellor - Executive Director of Human Resources. (Throughout this policy, any responsibility or authority assigned to the Assistant Vice Chancellor - Executive Director of Human Resources in this policy may be delegated to a member of the Human Resources staff or other appropriate designee).  
*An employee who submits his or her resignation (oral or in writing) and whose resignation has been received, regardless of whether or not the resignation was requested, cannot utilize the University of Nebraska Medical Center Employee Grievance Process. By this guideline, employees are on notice that submission and receipt of a written resignation waives the right to utilize the grievance procedure.  
*An employee who submits his or her resignation (oral or in writing) and whose resignation has been received, regardless of whether or not the resignation was requested, cannot utilize the University of Nebraska Medical Center Employee Grievance Process. By this guideline, employees are on notice that submission and receipt of a written resignation waives the right to utilize the grievance procedure.  
*If in the opinion of Human Resources Employee Relations there is a substantial question regarding the circumstances surrounding the resignation, Human Resources may determine that the resignation be treated as a termination.
*If in the opinion of Human Resources Employee Relations there is a substantial question regarding the circumstances surrounding the resignation, Human Resources may determine that the resignation be treated as a termination.
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Within ten (10) workdays of receiving the written grievance, the immediate supervisor (or other individual designated by the Assistant Vice Chancellor - Executive Director of Human Resources) will prepare and deliver to the grieving Employee a written response to the written grievance. The person writing the response may confer with a Human Resources representative, his/her supervisors or other parties relevant to the grievance, as needed.
Within ten (10) workdays of receiving the written grievance, the immediate supervisor (or other individual designated by the Assistant Vice Chancellor - Executive Director of Human Resources) will prepare and deliver to the grieving Employee a written response to the written grievance. The person writing the response may confer with a Human Resources representative, his/her supervisors or other parties relevant to the grievance, as needed.
====Step 2: Appeal To The Next Level Supervisor====
====Step 2: Appeal To The Next Level Supervisor====
Should the Employee remain dissatisfied at the completion of Step 1, he/she may, within five (5) workdays of receiving the Step 1 written response, submit a written request to the Director of Human Resources to appeal to the "next-level supervisor". The request to appeal shall include a clear explanation of why the Employee disagrees with the Step 1 response. (Due to the complexity of UNMC's organizational structure, the Assistant Vice Chancellor - Executive Director of Human Resources shall have the authority and discretion to determine the person best suited within the Employee's work unit to serve as the "next-level supervisor".)</p>
Should the Employee remain dissatisfied at the completion of Step 1, he/she may, within five (5) workdays of receiving the Step 1 written response, submit a written request to the Director of Human Resources to appeal to the "next-level supervisor". The request to appeal shall include a clear explanation of why the Employee disagrees with the Step 1 response. (Due to the complexity of UNMC's organizational structure, the Assistant Vice Chancellor - Executive Director of Human Resources shall have the authority and discretion to determine the person best suited within the Employee's work unit to serve as the "next-level supervisor".<br /><br />
<p>The Assistant Vice Chancellor - Executive Director of Human Resources shall deliver to the next-level supervisor the Step 1 written grievance and response, along with the Step 2 written request to appeal. The next-level supervisor shall review those documents and may gather such other information from such sources as he/she deems necessary and relevant to the appeal. After considering all of the relevant information, the next-level supervisor shall render a written decision. This decision must be submitted to the Assistant Vice Chancellor - Executive Director of Human Resources with fifteen (15) workdays following receipt of the Employee's request to appeal. The Assistant Vice Chancellor - Executive Director of Human Resources shall promptly deliver the decision to the Employee.
The Assistant Vice Chancellor - Executive Director of Human Resources shall deliver to the next-level supervisor the Step 1 written grievance and response, along with the Step 2 written request to appeal. The next-level supervisor shall review those documents and may gather such other information from such sources as he/she deems necessary and relevant to the appeal. After considering all of the relevant information, the next-level supervisor shall render a written decision. This decision must be submitted to the Assistant Vice Chancellor - Executive Director of Human Resources with fifteen (15) workdays following receipt of the Employee's request to appeal. The Assistant Vice Chancellor - Executive Director of Human Resources shall promptly deliver the decision to the Employee.
====Step 3: Appeal To The Chancellor Through A Grievance Panel====
====Step 3: Appeal To The Chancellor Through A Grievance Panel====
Should the Employee remain dissatisfied, he/she may, within five (5) workdays of receiving the Step 2 decision from the next-level supervisor, submit a written request to the Director of Human Resources to appeal through a Grievance Panel to the Chancellor. The request to appeal shall include a clear explanation of why the Employee disagrees with the Step 2 decision.<br /><br />
Should the Employee remain dissatisfied, he/she may, within five (5) workdays of receiving the Step 2 decision from the next-level supervisor, submit a written request to the Assistant Vice Chancellor – Executive Director of Human Resources to appeal through a Grievance Panel to the Chancellor. The request to appeal shall include a clear explanation of why the Employee disagrees with the Step 2 decision.<br /><br />
A Grievance Panel will be appointed by the Chancellor and shall be composed of three (3) full-time employees, at least one of whom shall be of the same employment category (Academic-Administrative, Office-Service or Managerial-Professional) as the grieving Employee. No one with a personal or professional interest in the outcome of the grievance is qualified to serve on the Panel. The Panel members shall select a chair from among themselves. The grieving Employee and his/her supervisor(s) shall be promptly notified of the composition of the Panel.<br /><br />
A Grievance Panel will be appointed by the Chancellor and shall be composed of three (3) full-time employees, at least one of whom shall be of the same employment category (Academic-Administrative, Office-Service or Managerial-Professional) as the grieving Employee. No one with a personal or professional interest in the outcome of the grievance is qualified to serve on the Panel. The Panel members shall select a chair from among themselves. The grieving Employee and his/her supervisor(s) shall be promptly notified of the composition of the Panel.<br /><br />
Within five (5) workdays of receiving notice of the appointments to the Panel, the grieving Employee or his/her supervisor(s) may notify the Director of Human Resources in writing of any reason why any member of the Panel is not qualified to serve. The Director of Human Resources shall consult with the Chancellor about the Panel composition. In the Chancellor's discretion, another appointee may be substituted, if it is determined the grievance process would be better served by another person. : The Panel will meet with the Employee, the immediate supervisor, and any other person deemed by the Panel to have relevant information about the subject of the grievance. The Panel may gather information from such sources as are available and meaningful to the appeal. The activities and deliberations of the Panel are not open to the public. The panel's work will be confidential, except to the extent the Panel's work must be revealed to those with a legitimate need to know (e.g. Employee's supervisors, persons with information relevant to the grievance, Human Resources staff).<br /><br />
Within five (5) workdays of receiving notice of the appointments to the Panel, the grieving Employee or his/her supervisor(s) may notify the Assistant Vice Chancellor – Executive Director of Human Resources in writing of any reason why any member of the Panel is not qualified to serve. The Assistant Vice Chancellor – Executive Director of Human Resources shall consult with the Chancellor about the Panel composition. In the Chancellor's discretion, another appointee may be substituted, if it is determined the grievance process would be better served by another person. : The Panel will meet with the Employee, the immediate supervisor, and any other person deemed by the Panel to have relevant information about the subject of the grievance. The Panel may gather information from such sources as are available and meaningful to the appeal. The activities and deliberations of the Panel are not open to the public. The panel's work will be confidential, except to the extent the Panel's work must be revealed to those with a legitimate need to know (e.g. Employee's supervisors, persons with information relevant to the grievance, Human Resources staff).<br /><br />
The Panel will be guided by UNMC policy in reaching its decision. Irrelevant or exceedingly redundant information may be excluded from its consideration. The Panel shall not supplement, subtract, or otherwise alter the content of the allegations contained in the grievance. The Panel is not authorized to impose or recant sanctions. The Panel acts only in an advisory capacity to the Chancellor.<br /><br />
The Panel will be guided by UNMC policy in reaching its decision. Irrelevant or exceedingly redundant information may be excluded from its consideration. The Panel shall not supplement, subtract, or otherwise alter the content of the allegations contained in the grievance. The Panel is not authorized to impose or recant sanctions. The Panel acts only in an advisory capacity to the Chancellor.<br /><br />
The chairperson of the Panel will, within twenty (20) workdays after the Director of Human Resources receives the Employee's written request to appeal under Step 3, submit the written recommendations of the Panel to the Chancellor.<br /><br />
The chairperson of the Panel will, within twenty (20) workdays after the Assistant Vice Chancellor – Executive Director of Human Resources receives the Employee's written request to appeal under Step 3, submit the written recommendations of the Panel to the Chancellor.<br /><br />
Within twenty (20) workdays after receiving the Panel's recommendations, the Chancellor or a designee on his/her behalf will notify the grieving Employee in writing of the final disposition of the grievance. Such decision will be final and binding on all parties. There will be no further appeal within the University of Nebraska.
Within twenty (20) workdays after receiving the Panel's recommendations, the Chancellor or a designee on his/her behalf will notify the grieving Employee in writing of the final disposition of the grievance. Such decision will be final and binding on all parties. There will be no further appeal within the University of Nebraska.
===Timelines===
===Timelines===
The amount of time for filing and decision making under this policy is intended to provide for a prompt, yet thorough, review and resolution of grievances. Parties must adhere to this timeline in order to ensure the benefits of participating in this process. However, should the Assistant Vice Chancellor - Executive Director of Human Resources determine that special circumstances or the nature of the grievance are such that additional time will allow for a more meaningful, well-supported resolution of the matter, then the Director may grant a extension of a specific amount of time. The Director shall deliver written notice of the extension of time to all parties with a need to know.<br /><br />
The amount of time for filing and decision making under this policy is intended to provide for a prompt, yet thorough, review and resolution of grievances. Parties must adhere to this timeline in order to ensure the benefits of participating in this process. However, should the Assistant Vice Chancellor - Executive Director of Human Resources determine that special circumstances or the nature of the grievance are such that additional time will allow for a more meaningful, well-supported resolution of the matter, then the Assistant Vice Chancellor – Executive Director may grant an extension of a specific amount of time. The Assistant Vice Chancellor – Executive Director shall deliver written notice of the extension of time to all parties with a need to know.<br /><br />
If the grieving Employee does not submit a written request to move the grievance forward within the specified time period and is not granted an extension prior to the passing of that deadline, it will be assumed the Employee is satisfied and the grievance will be discontinued.<br /><br />
If the grieving Employee does not submit a written request to move the grievance forward within the specified time period and is not granted an extension prior to the passing of that deadline, it will be assumed the Employee is satisfied and the grievance will be discontinued.<br /><br />
If the immediate supervisor, the next-level supervisor or the Panel fails to deliver a written response or decision within the specified time period and is not granted an extension of time prior to the passing of that deadline, the grievance will automatically advance to the next level of review.<br /><br />
If the immediate supervisor, the next-level supervisor or the Panel fails to deliver a written response or decision within the specified time period and is not granted an extension of time prior to the passing of that deadline, the grievance will automatically advance to the next level of review.<br /><br />
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The Employee may terminate his/her grievance under this policy at any time by delivering to the Director of Human Resources a written notification requesting such withdrawal.
The Employee may terminate his/her grievance under this policy at any time by delivering to the Director of Human Resources a written notification requesting such withdrawal.
===Retaliation; Pending Employment Actions===
===Retaliation; Pending Employment Actions===
Retaliation of any type shall not befall any person for participating in a grievance procedure. University employees engaged in such retaliation will be subject to disciplinary action, including the potential for dismissal. A grievance based upon retaliation may be treated as separate offense and is grievable under this policy. While such retaliation is prohibited, the mere filing of a grievance will not forestall any employment action, unless the Director of Human Resources determines otherwise.<br /><br />
Retaliation of any type shall not befall any person for participating in a grievance procedure. University employees engaged in such retaliation will be subject to disciplinary action, including the potential for dismissal. A grievance based upon retaliation may be treated as separate offense and is grievable under this policy. While such retaliation is prohibited, the mere filing of a grievance will not forestall any employment action, unless the Assistant Vice Chancellor – Executive Director of Human Resources determines otherwise.<br /><br />
The filing of a grievance by an employee who has received a written notice, has been suspended without pay, or has been terminated for cause will not suspend the written notice, suspension without pay, or termination for cause while the grievance is being processed. For details consult UNMC Policy No. 1098, [http://wiki.unmc.edu/Corrective/Disciplinary_Action Corrective/Disciplinary Action Policy], and its procedures.
The filing of a grievance by an employee who has received a written notice, has been suspended without pay, or has been terminated for cause will not suspend the written notice, suspension without pay, or termination for cause while the grievance is being processed. For details consult UNMC Policy No. 1098, [http://wiki.unmc.edu/index.php?title=Corrective/Disciplinary_Action Corrective/Disciplinary Action Policy], and its procedures.
===Pay Status When Participating In The Grievance Procedure===
===Pay Status When Participating In The Grievance Procedure===
For an employee in-pay status, whose participation is required at a meeting, interview, or other activity as part of a grievance under this policy, time devoted to such participation will be considered as regular hours worked.
For an employee in-pay status, whose participation is required at a meeting, interview, or other activity as part of a grievance under this policy, time devoted to such participation will be considered as regular hours worked.
==Equal Employment Opportunity==
==Notice of Non-Discrimination==  
The University of Nebraska Medical Center declares and affirms a policy of equal educational and employment opportunities, affirmative action in employment, and nondiscrimination in providing its services to the public. Therefore, the University of Nebraska Medical Center shall not discriminate against anyone based on race, age, color, disability, religion, sex, national or ethnic origin, marital status, genetic information, sexual orientation, political affiliation, Vietnam-era veteran status, or special disabled Veteran status. Sexual harassment in any form, including hostile environment and quid pro quo, is prohibited.</p>
Please see UNMC's [http://www.unmc.edu/titleix/notice-nondiscrimination.html Notice of Non-Discrimination] regarding the University of Nebraska Medical Center's commitment to creating a diverse and inclusive working and learning environment free from discrimination and harassment.
==Additional Information==
==Additional Information==
*Human Resources, Employee Relations at 402-559-7394
*Human Resources, Employee Relations at 402-559-7394, 402-559-8534 or 402-559-4371.
*UNMC Procedures No. 1020, [http://www.unmc.edu/hr/proc/Procedures1020.pdf Grievance Process]
*UNMC Procedures No. 1020, [http://www.unmc.edu/hr/proc/Procedures1020.pdf Grievance Process]
*[http://www.unmc.edu/hr/Forms/grieveform.doc Employee Grievance Process Form]
*[https://wiki.unmc.edu/index.php/HR_-_Employee_Relations_Forms Grievance Filing Form]
*UNMC Policy No. 1097, [http://wiki.unmc.edu/Performance_Evaluation Performance Evaluation]
*UNMC Policy No. 1097, [http://wiki.unmc.edu/index.php?title=Performance_Evaluation Performance Evaluation]
*UNMC Procedures No. 1097, [http://www.unmc.edu/hr/proc/Procedures1097.pdf Performance Evaluation]
*UNMC Procedures No. 1097, [http://www.unmc.edu/hr/proc/Procedures1097.pdf Performance Evaluation]
*UNMC Policy No. 1098, [http://wiki.unmc.edu/Corrective/Disciplinary_Action Corrective/Disciplinary Action]
*UNMC Policy No. 1098, [http://wiki.unmc.edu/index.php?title=Corrective/Disciplinary_Action Corrective/Disciplinary Action]
*UNMC Procedures No. 1098, [http://www.unmc.edu/hr/proc/Procedures1098.pdf Corrective and Disciplinary Action]
*UNMC Procedures No. 1098, [http://www.unmc.edu/hr/proc/Procedures1098.pdf Corrective and Disciplinary Action]
*[http://www.unmc.edu/hr/Forms/Corrective%20and%20Disciplinary%20Action%20Form.doc Corrective and Disciplinary Action Form]<br /><br />
*[https://www.unmc.edu/human-resources/_documents/forms/emp-rel/corrective_and_disciplinary_action_form.doc Corrective and Disciplinary Action Form]
*[http://www.unmc.edu/hr/Proc/Req%20for%20Reasonable%20Accommodation%20-%20ADA.pdf Requests for Reasonable Accommodation under the American with Disabilities Act]
*[https://wiki.unmc.edu/images/7/76/ADA-Sec504GrievanceProcedures.pdf ADA - Americans with Disabilities Act and Section 504 Grievance Procedures]
*[http://www.unmc.edu/hr/proc/Req%20for%20Reasonable%20Accommodation%20-%20ADA.pdf ADA - Americans with Disabilities Act - Requests for Reasonable Accommodation]<br /><br />
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